On March 1st, the automotive sector that consume steel and aluminum were confronted with a potentially large tariff rate increase. Despite intense lobbying by automotive companies, President Trump announced that the U.S. Government would invoke the seldom-used section 232 national security provisions as a basis for imposing tariffs of 25 percent on all imports of steel and tariffs of ten percent on all imports of aluminum.

On February 28, 2018, Ethan P. Davis, the Deputy Assistant Attorney General for the Consumer Protection Branch, addressed the life sciences community regarding off-label promotion. In his remarks, Deputy Assistant Attorney General Davis outlined the key factors DOJ takes into consideration when deciding to pursue enforcement related to off-label promotion, spoke to the DOJ’s new policy on guidance documents, and listed the current top enforcement priorities for the division.

With the Trump administration continuing to aggressively pursue anti-money laundering, economic sanctions and Foreign Corrupt Practices Act antibribery enforcement actions, companies acting in the international realm, especially those within the automotive sector, are well-advised to take all available steps to ensure that their international regulatory compliance is in good shape.

Whether or not to include a consequential damage disclaimer and, if included, what types of carve-outs to include, depends on whether you are the buyer or seller, what your relative bargaining power is, and what types of issues are likely to arise.

Foley attorneys David Simon and John Turlais partnered with Sherbir Panag, of New Delhi-based Panag & Babu, to produce a white paper that serves as practical advice on doing business in India without incurring legal liabilities.

As a life sciences or medical device company, it is mission critical to protect lab books, drug and clinical test data, product formulas and production processes that underlie your patents, trade secrets and know-how from hackers and others.